TH v. Novartis

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(Cal., to be filed December 7, 2016): Arguing against the adoption of innovator liability.

Court ruled against ATRA's position

On December 21, 2017, the California Supreme Court affirmed the lower court’s decision and adopted the theory of innovator liability. 

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.